Archive | May, 2011

Auto Deficiency Action: Successful Defense Results in Dismissal

Our client was sued in County Court here in Central Florida for an auto deficiency judgment following a repossession.  The Plaintiff, Cavalry Portfolio Services LLC, was a debt buyer who claimed to have bought the Retail Installment Sales Contract and debt from GMAC.  They were represented by the Florida debt collection law firm of Law Offices of Andreu, Palma & Andreu, PL, including their debt collection lawyers Jorge Palma and Diamelyn Cepero.

We agressively fought this auto deficiency lawsuit in court using our knowledge of Florida law and Florida court rules.  As a result, Cavalry Portfolio Services dismissed their lawsuit.  Our client did not have to pay anything.

While each case is different, one thing stays the same: the debt buyer’s law firm will be experienced in debt collection.  You need an experienced Central Florida consumer protection attorney to represent you when you are sued, because your money, your property, your credit score and your reputation are all at stake.  As a Florida debt collection defense law firm, we have won other auto deficiency lawsuits and would be honored to defend your lawsuit against these debt collectors and their lawyers.  We are conveniently located in Lake Mary (Seminole County), Florida and accept such cases throughout Central Florida, including Seminole County, Orange County, Volusia County, Brevard County, Lake County and Flagler County.  Please don’t hesitate to contact us by clicking here or call us today for a free consultation.

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Florida Credit Card Lawsuit: Defending Against Equable Ascent Financial

We recently had the privilege of representing a client in Central Florida who had been sued by Equable Ascent Financial, LLC, who is a debt buyer that buys such debt for pennies on the dollar.  The chain of ownership was particularly convoluted, as Equable Ascent Financial claimed to have received the account by assignment from Chase Bank USA, N.A., who in turn inherited the account from WaMu (Washington Mutual Bank).   The attorney representing Equable Ascent Financial was Andrew Fleisher from the firm Erskine and Fleisher.

As in many other cases, we were able to obtain a favorable result for our client.  Even though Equable Ascent Financial had sued our client, our knowledge of Florida statutes, case law and rules of legal procedure, as well as our well-honed legal strategies for defending credit card lawsuits resulted in getting this case against our client dismissed without our client paying the debt collector a penny.

Put our experience as a Florida consumer protection law firm to work for you.  Receiving a Summons and Complaint can be a scary experience, but you don’t have to go through this process by yourself.  Let us defend your credit card lawsuit.  We believe in Helping Florida Consumers.

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Midland Funding Sued for False Affidavits by MN Attorney General

The Attorney General of the State of Minnesota has sued Midland Funding, LLC and an affiliate, Midland Credit Management, Inc., for fraud in connection with its debt collection activities.  Midland Funding is a well-known debt buyer that has also filed numerous lawsuits here in Florida seeking to extract money from Florida consumers.

The Attorney General’s lawsuit focused on “robo-signed” affidavits.  This refers to the practice of signing affidavits under oath claiming a debt is legitimate even though the person signing the affidavit has not verified their accuracy or sometimes even without reading them, in order to quickly obtain a judgment against consumers.  It is referred to as “robo-signing” because the process is similar to robots doing the same thing over and over again without any verification.  As some of you may know, “robo-signing” has been exposed as a huge problem here in Florida in the context of mortgage foreclosure actions.

This lawsuit demonstrates that “robo-signing” is also a huge problem in the area of credit card lawsuits and debt collection lawsuits generally.  For example, the Attorney General indicates that they have sworn testimony from numerous Midland Funding employees that they have signed up to 400 false affidavits per day; those affidavits were then filed in Court as supposed “proof” of the debt.  In my opinion, not only should the signers of the affidavit be held responsible for their actions, but so too should their employer, Midland Funding, and the lawyers who submit those affidavits to Florida Courts.

More information about the Minnesota Attorney General’s lawsuit can be found by clicking here.  If you have been sued by Midland Funding or suspect you are a victim in a case where such a false affidavit was submitted, please contact us through this link or by calling us on our toll-free number at 1-888-834-5297.  As an experienced Florida credit card and debt collection defense lawyer, I am here to help the consumers of Seminole County, Orange County (including Orlando), Volusia County, Brevard County, Lake County and Flagler County.

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Dismissal of Asset Acceptance Debt Collection Lawsuit

We were retained to defend a credit card collection lawsuit filed in Central Florida by Asset Acceptance and its attorneys Howard Butler, Amanda Duffy, Rodolfo Miro and Anthony Steele.  After vigorously representing our client against these experienced debt collectors, the case was dismissed without any cost to our client.

Let us file the appropriate motions and legal paperwork.  Haven’t you already been through enough?  We will keep you informed every step of the way.  If you are looking for an experienced lawyer to defend you in a credit card lawsuit filed in Seminole, Volusia, Orange, Brevard, Flagler or Lake County, please call us – we are here to help.  We would be honored if you selected our firm to represent you.  Call us toll-free at 1-888-834-5297 or click here to submit a question through our website.

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Debt Collection Lawsuit: Success Against Capital One

Our client was sued in County Court by Capital One, represented by the law firm of Zakheim and Associates (now Zakheim and LaVrar) in Plantation, Florida which included attorneys Arturo Arca, Daniella Diaz and Kimberlee Otis.  We applied our knowledge and experience in defending credit card lawsuits and were able to have our client’s case dismissed without our client having to pay anything at all on the alleged debt.

If you are being sued, contact us for a free consultation.  Let us protect your legal rights.  Click here to contact us directly through the internet using a very brief form or call us at 407-323-4949.

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